Republic of the Philippines
MUNICIPAL TRIAL COURT IN CITIES
First Judicial Region
Branch 4
Baguio City
PSYCHE NGINHENA, CIVIL CASE NO. 12369
Plaintiff,
FOR:
-versus-
UNLAWFUL DETAINER
CHARLEEN MYRE C. MEJIA, AND DAMAGES
Defendant.
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PRE-TRIAL BRIEF
DEFENDANT, through counsel, unto this Honorable Court most
respectfully states that:
BRIEF STATEMENT OF DEFENDANTS DEFENSES
Defendants possession of the subject properties is lawful: she
occupies the parcel of land embraced in TCT No. 069-1025478431 not as a
mere lessee but as an owner thereof; her occupation of the parcel of land
covered by TCT No. 069-1025478521 is lawful, since the lease thereof was
extended.
AS TO THE POSSIBILITY OF ENTERING INTO A COMPROMISE
AGREEMENT OR AMICABLE SETTLEMENT
Defendant is willing to enter into an amicable settlement under terms
and conditions that are fair and reasonable to the parties.
AS TO SUMMARY OF ADMITTED FACTS AND PROPOSED
STIPULATION OF FACTS
The Defendant proposes the following for stipulation:
1. On 10 November 2013, Plaintiff leased 2 parcels of land
embraced in TCT Nos. 069-1025478431 (situated in Happy Homes, Baguio
City) and 069-1025478521 (situated in Buyagan, La Trinidad);
2. The term for both contracts of lease is 3 years, from December
12, 2013 to December 12, 2016; and upon expiration, both contracts of lease
may be renewed, provided that written notice of intention to renew the lease
shall be served to the lessor not later than fifteen (15) days prior to the
expiry date of the period agreed upon.
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3. The lease of the property embraced in TCT No. 069-
1025478431 (hereinafter referred to as Happy Homes Lease) expired on
December 12, 2016, but on that same date, Plaintiff sold the same parcel of
land to Defendant, by way of a Deed of Absolute Sale, which is recorded in
the memorandum of encumbrances of TCT No. 069-1025478431.
4. The lease of the property embraced in TCT No. 069-
1025478521 (hereinafter referred to as Buyagan Lease) was extended for
another three years, specifically, from Dec. 13, 2016 to Dec. 12, 2019.
5. Defendant did not receive any Notice to Vacate.
6. Defendant did not receive any summons or invitation from the
Barangay for purposes of barangay conciliation proceedings, nor did the
defendant participate in any such proceedings.
7. With respect to the BUYAGAN LEASE, venue is improperly
laid to the Honorable Court because the subject property is located in La
Trinidad.
Defendant will propose or consider other stipulations during the pre-
trial hearing.
AS TO THE ISSUE TO BE TRIED OR RESOLVED
Whether or not the defendants possession of the subject properties is
lawful.
AS TO INTENT TO AVAIL OF DISCOVERY PROCEDURES OR
REFERRAL TO COMMISSIONERS
The petitioner intends to avail of discovery procedures or refer matters
to a Commissioner if the need arises and if only to assist in the expedient
and speedy resolution of this case.
AS TO THE DOCUMENTS OR EXHIBITS TO BE PRESENTED
EXHIBIT 1 Falsified copy of TCT No. 069-1025478521, which was
attached as Annex A in the complaint;
EXHIBIT 2 Certified True Copy of TCT No. 069-1025478521;
EXHIBIT 3 Certified True Copy of TCT No. 069-1025478431;
EXHIBIT 3-A Entry No. 2016-00000001 in the Memorandum of
Encumbrances of TCT No. 069-1025478431;
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EXHIBIT 4 Contract of Lease involving the property embraced in TCT
No. 069-1025478521;
EXHIBIT 5 Contract of Lease involving the property embraced in TCT
No. 069-1025478431;
EXHIBIT 6 Deed of Absolute Sale, wherein the plaintiff sold the
property embraced in TCT No. 069-1025478431 to
defendant;
EXHIBIT 7 Notice to Renew Contract of Lease (Buyagan Lease).
The defendant reserves the right to present other documentary
evidences as may be appropriate to establish its defenses or rebut the claims
of the plaintiff.
AS TO THE NUMBER AND NAMES OF
WITNESSES TO BE PRESENTED
The defendant, herself, shall testify to substantiate her allegations in
support of her answer, and to identify exhibits. The defendant reserves
The defendant reserves the right to call other witnesses and submit
their affidavits as may be appropriate to establish its defenses or rebut the
claims of the plaintiff.
RESPECTFULLY SUBMITTED.
Baguio City, Philippines, this 20th day of September 2017.
LEAO AND PARTNERS LAW OFFICE
Counsel for the Defendant
Unit 3B Laperal Bldg., Upper Session Road, Baguio City
For the Firm:
ATTY. MARK JHAYZON M. LEAO
Roll No. 12345, 5-12-13; IBP Lifetime Member No.2222
PTR No. 0790555, 01-03-17, Baguio City, Benguet
MCLE Compliance No. 5646 232 8569
Copy furnished:
ATTY. VIOLANE C. WYCOCO
Counsel for the Plaintiff
Unit 2C Laperal Bldg.,
Upper Session Road, Baguio City
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